about how to proceed, when to proceed? well, the last thing that a prosecutor gets to do that the prosecutor has complete control over, neil, is file charges. after that the case is in court and the judges is a more important actor than the prosecutor is. i do think you raise an excellent point in that president trump now, i think, has a very strong argument that his due process rights are being really constricted by virtue of the fact that all of these prosecutors are descending on him in a short period of time. now, they can all say they re independent actors, but smith doesn t have that luxury. he s filed another indictment. so i think he s very vulnerable, smith is, to the argument that, you know, you re now going to try to rush president trump to trial on the january 6th case, what is called the january 6th
in the courtroom, or, you know, having discussed this. what are the what are the steps, what is the process if there is a break in an agreement? you know, during the actual case? what happens next? i would imagine the prosecution would go back and regroup, but the charges they would bring would likely be more serious than those to which they are allowing a guilty plea, that s how it goes. you get a break when you plead guilty. the stakes could get higher for hunter biden. i would imagine they would want to go back and take some time. i don t think this case is going to go to trial in 70 days because the charges that are on the table at the moment are those charges that were filed in contemplation of a guilty plea. i think the prosecution would go back, reassess, file charges, under the most serious readily provable offense, the ordinary charging position of the government. and then after those charges are filed, the speedy trial clock
she can t tell them what charges to bring. all she can do is examine the proposal that they give her and see if it meets that standard. so what the cutie pie thing the justice department tried to do was to shift the burden of prosecution from themselves to the court so that if there were a breach of the agreement there would have to be a finding of fact from the court about the breach before there could be charges brought again. that s not the way it s supposed to work. if the justice department thinks the guilty plea agreement has been breached, they can go file charges. that s not what the judge s job is. and i would point out, this is why this is not a regular normal legitimate arrangement. one of the great things about being a prosecutor in the justice department is because we are supposed to give equal justice to everybody, all these agreements look the same. the best luxury as a prosecutor,
failure to register as a foreign agent when it s hunter biden. we do when it s somebody who specifically is accusing and says they have information about the wrongdoing of the biden family. again, this is the kind of questions that the fbi director won t answer, but he will be asked. john: the irs whistleblower, gary shapley, said the u.s. attorney in delaware david weiss asked to be appointed a special prosecutor and was denied by the justice department. weiss sent a letter to lindsey graham on that front and he said i have not requested special counsel designation. rather than had discussions with officials regarding potential attorney, file charges outside the district of my own without the partnership of a local attorney. i was assured i would be granted this authority if it proved necessary. maybe he was not asked to be designated special counsel but
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